Q: I work at a Senior Assisted Living. I am a Medication Technician. One of the residents struck me with their walker.
The walker hit my right shoulder and right hand. This happened on Friday evening during my shift. I put in an incident report. I was off the following day Saturday. I went in to work on Sunday where management had insisted I go to urgent care, which took my whole shift. I was diagnosed with contusion on my right hand/ right arm and I now have physical restrictions. For work status report, doctor has modified my activity of not reaching above right shoulder at all, no repetitive right hand motions, no gripping/grasping of right hand, and no lifting/carrying/pushing/pulling of more than 5 lbs altogether. My concern is am I able to effectively fulfill my role using my non-dominant left arm/hand as my employer said they will change my duties to fit the modifications. I am in charge of organizing medications and medication distribution for residents as well as assisting residents in daily routines. I am unable to drive to work due not being able to use my right arm/hand. What do I do?
A: Since it happened at work you have to go through Work Comp. Talk to a Work Comp attorney.
William John Light agrees with this answer
A: more info needed.
you should not discuss this sensitive issue on an open platform like this.
your answer is to contact a workers comp attorney that deals with accident from work.
I handle all other accidents.
A: Any claim against your employer for a work related injury is under Worker's comp. However, any claim against a third party, such as the senior that struck you, is a tort or negligence claim. Just because they are in a senior living facility and old does not give them license to pick up their walkers and strike someone, anyone, over the head. You should contact a Personal Injury attorney about a potential Third party claim.
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